Ingleburn Developments Pty Limited v Campbelltown City Council [2007] NSWLEC 432

Land and Environment Court of New South Wales

CITATION : Ingleburn Developments Pty Limited v Campbelltown City Council [2007] NSWLEC 432

APPLICANT Ingleburn Developments Pty Limited PARTIES : RESPONDENT Campbelltown City Council

FILE NUMBER(S) : 10135 of 2007

CORAM: Tuor C

KEY ISSUES: Development Application :- Residential flat building, impact on existing and desired future character, privacy and overshadowing.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Campbelltown (Urban Area) Local Environmental Plan 2002 State Environmental Planning Policy No 65

DATES OF HEARING: 26/06/07, 27/06/07 and 20/08/07

DATE OF JUDGMENT: 31 August 2007

APPLICANT Mr G. Newport, barrister

LEGAL REPRESENTATIVES:

RESPONDENT Mr A. Seton, solicitor of Marsdens Law Group

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

31 August 2007

10135 of 2007 Ingleburn Developments Pty Limited v Campbelltown City Council

JUDGMENT 1 This is an appeal against the refusal by Campbelltown City Council (the council) of a development application (1416/2006) under the Environmental Planning and Assessment Act 1979 for a residential flat building at 1-3 Norfolk Street, 52-54 Ingleburn Road and 13 Nardoo Street, Ingleburn (the site). Site and Context 2 The site and its context is described in the Statement of Basic Facts as:

The subject site comprises six allotments and is located on the fringe of the Ingleburn CBD area. It is a 'L' shaped site with 35 metre frontage to Ingleburn Road, 27.6 metre frontage to Norfolk Street and 77 metre frontage to Nardoo Street. The total area of the land is 3773 square metres and is generally level. The subject land is vacant. There is no significant vegetation on the land.